Trademark registration in Libya

To elevate your brand’s protection in Libya, this article will guide you the efficient trademark registration expertise. Libya is located on the Mediterranean coast, convenient for trade with Europe and North African countries. Libya has the Tripoli Seaport, which is one of the largest seaports in the region, with the potential to develop into an international shipping hub. Libya has many natural resources for economic development including oil, Libya has the 9th largest oil reserves in the world, which is the main source of income of the country. Libya also has large natural gas reserves, potential for export and development of its chemical industry. Libya has many other minerals such as iron ore, copper, gypsum, etc., that can be mined and exported. Libya also has great potential for tourism development such as its rich cultural heritage, with many historical and archaeological sites, beautiful coastline and mild climate, suitable for resort tourism. Therefore, more and more enterprises are expanding their business scope in Libya, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to the procedure for trademark registration. Viet An Law Firm would like to guide customers preliminarily through the procedures for trademark registration in Libya through the article below.

Legal basis

• Law No. 8 of 1959 on Patents, Industrial Designs and Models amended in 2010.

General overview of trademarks in Libya

Definition of “trademark”

Libyan Trademark Law uses a general definition similar to international standards. Accordingly, trademarks may include:

• Name (including brand name)
• Expression
• Letter
• Image (logo)
• Figure
• Symbol
• Slogan
• Colors or sounds associated with a brand

Purpose: The purpose of a trademark is to distinguish a business’s product or service from other businesses. This includes indicating the origin, quality or type of goods.

Types of registerable trademarks

Traditional brands:

• Words: Brand name, slogan, or any combination of words of a distinct nature.
• Logo: Designs and icons that visually represent a brand.
• Numbers and Letters: Unique combinations of numbers and letters can also serve as trademarks (e.g., FedEx).

Non-traditional trademarks:

• Shape: The distinct shape of the product or packaging may be trademarked (e.g. Coca-Cola bottle).
• Sounds: Jingle sounds or specific sounds associated with a brand.
• Color: A specific color or combination of colors can be a brand (for example, Big Bus Tours yellow).

Important:

• While Libya may allow these types of trademarks, there may be specific exclusions in the law. For example, trademarks for alcoholic beverages or pork products are not registered in Libya.
• The ability to register a trademark depends on its distinctiveness and whether it conflicts with existing trademarks.

Conditions for trademark registration in Libya

Uniqueness: A trademark must be distinct and capable of distinguishing a business’s goods or services from those of others. General terms or descriptive elements do not qualify.

Non-conflict: The trademark must not be identical or confusing to existing registered trademarks in Libya for similar goods or services.

Legality: Trademarks must not violate public order or morals. For example, trademarks that promote hate speech or illegal activities are not registered, nor are trademarks related to alcoholic beverages or pork.

Trademark registration documents in Libya

• Trademark application: Completed completely and accurately, including the following information:
  • Name and address of the applicant (individual or business)
  • Type of trademark (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application fee
• Trademark template: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, it should be clearly noted.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if an individual).
  • Business registration certificate or business license (if it is a business).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to apply, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant should provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Receipt of payment of fees

Trademark registration fees in Libya

Below is a preliminary of the fees for trademark registration in Libya that the applicant must pay

• Trademark lookup fee (if the applicant requests a lookup before lookup):
  • Search for a brand in a class: 200 LYD (about 60 USD)
  • Additional class: 200 LYD (about 60 USD)
• Trademark application:
  • Filing a trademark application in a class: 100 LYD (about 30 USD)
  • File a trademark application in each additional class: 100 LYD (approximately 30 USD)
• Published in the Libyan Official Gazette: 250 LYD (about 72 USD)
• Protection certificate fee: 300 LYD (about 86 USD)

How to file for trademark registration in Libya

To file for trademark protection in Libya, you can apply by the following filing methods:

• Direct submission: You can go directly to the Libyan Research Agency of the Ministry of Higher Education and Scientific Research at P.O. Box 80045 Tripoli to submit your application and related documents.
• By Post: You can send your application form and all necessary documents via postal service or courier service to the address of the Libyan Research Service under the Ministry of Higher Education and Scientific Research at P.O. Box 80045 Tripoli.

Trademark Application Processing in Libya

• Due Diligence: The National Scientific Research Agency (NASR) will conduct due diligence on the applicant’s application to ensure compliance with regulations and absence of potential conflicts with existing registered trademarks. This process can take several months.
• Respond to objections (if any): If the NASR raises any objections during the due diligence, the applicant may need to respond by providing additional information or amending the applicant’s application. An attorney can assist the applicant at this stage.
• Registration and Publication: If approved, the applicant’s trademark will be registered and published in the Official Gazette of Libya.

Trademark registration service in Libya of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Libya;
• Drafting dossiers and directly submitting and monitoring the status of trademark filings in Libya on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Libya;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Libya.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Libya, please contact Viet An Law – IP Firm for the most effective support.